Bill S.2169
188th (2013 - 2014)

An Act relative to the acceptance of Paper Mill road as a public way in the city of Westfield

Bill Title: An Act relative to the acceptance of Paper Mill road as a public way in the city of Westfield

By Mr. Humason, a petition (accompanied by bill, Senate, No. 2169) of Donald F. Humason, Jr. and John Velis (with the approval of the mayor and city council) for legislation relative to the acceptance of Paper Mill Road as a public way in the city of Westfield. Transportation. [Local Approval Received.]

SECTION 1. (a) Notwithstanding sections 1 to 13, inclusive, of chapter 82 of the General Laws, or any other general or special law to the contrary, the City of Westfield may accept as a public way, under the terms of this section, Paper Mill Road, provided, however that acceptance as a public way shall only become final after:

(l) The layout of the way has been ordered and approved by the city council after a duly called public hearing of which 14 days prior notice in a newspaper of general circulation in the city has been given, and of which notice is sent by mail, postage prepaid to the owners of record, as determined by the assessors’ records, who abut said street or way; and

(2) An order of layout has been filed in the office of the city clerk, containing a description of or reference to a plan showing the boundaries and measurements of the way, which may be an existing approved and recorded definitive subdivision plan; and

(3) Either (i) the city council has determined that the city holds land or easements for the purposes for the public way and has filed that determination with the city clerk; provided, however that there shall be a presumption that the city holds the easements

or land for these purposes with respect to any way that has been open to public use and maintained by the City of Westfield for 20 years or more; or (b) the city council has determined it is necessary to acquire land or easements for the purposes of the public way and the city council has acquired the land or easements by purchase or eminent domain; provided, further, that notwithstanding chapter 79 of the General Laws, an appraisal of damages shall not be required before any taking for the purposes of this act.

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